13 November 2009
For the Employees working in Pvt Ltd., has to work for 5 years where the employee is eligible for the Gratuity. The Calculation of Gratuity is 15*Basic Salary/ 26.
Every employee who has rendered continuous service for not less than five years shall be entitled to gratuity on his superannuation or on his retirement or resignation or on his death or disablement in Form - I. In case of seasonal establishments, gratuity shall be payable at the rate of 7 days wages for each season. The maximum gratuity payable under this Act is Rs. 3.5 lakhs.
We are having a gratuity policy with ICICI pru. & we inform them on each month regarding employees joining / leaving & any salary changes.
They do a fresh calculation of liability on monthly basis & we need to pay to them the difference , if any , arises out of these employment or salary change.
Now, my question is : if it is mandatory to include the salary payable to the part timers too under this scheme , as the person has joined us only in the last month on part time employment ???
13 November 2009
If the part timer is comming regularly ie hours are same for each day, or he is comming once in a week, then he is also eligible for gratuity.
For informing icici you have to inform the monthly payment from you. He is also eligible for gratutity.
Please refer to definition of employee under gratutiy it is clearly defined that part time employees are also eligible for payment of gratutiy if they complete 5 years with you in future.
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